Matthew J. DeVries | Burr & Forman LLP | November 4, 2015 When dealing with a construction claim — whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1)… Continue reading Provide Notice (and 10 other tasks) when Pursuing a Construction Claim
Tag: construction defect
Insurer’s Claim Denial may Violate State Consumer-Protection Statutes even when the Insurer has no Duty to Defend
Gabe Weaver | Ball Janik | October 6, 2015 As I wrote in an earlier blog post (see my August 10, 2015 article here), insurers have a duty to defend their policyholders against any potentially covered loss, which means that insurers are required to defend and attempt to settle claims on behalf of their policyholders… Continue reading Insurer’s Claim Denial may Violate State Consumer-Protection Statutes even when the Insurer has no Duty to Defend
Pennsylvania Appellate Court Confirms Exception to Economic Loss Doctrine for Claims Regarding Faulty Design Documents
Laura Freid-Studlo | Pillsbury Winthrop Shaw Pittman LLP | September 15, 2015 In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based… Continue reading Pennsylvania Appellate Court Confirms Exception to Economic Loss Doctrine for Claims Regarding Faulty Design Documents
Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
Allison M. Martin | Newmeyer & Dillion LLP | June 10, 2015 In Beacon Residential Community Assn v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, the California Supreme Court issued a broad ruling creating potentially extensive liability for architects who are the principal designers of residential projects. The Court held that such design… Continue reading Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part